The following describes the terms on which BuyKaiju.Com offers you access to our services.

Introduction
Welcome to BuyKaiju.Com. By using the services available from the domain and sub-domains of www.BuyKaiju.Com.com (the "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with BuyKaiju.Com and the general principles for the web sites of our subsidiaries and affiliates. If you have any questions, contact us.

Before you may become a member of BuyKaiju.Com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other BuyKaiju.Com branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites.

Using BuyKaiju.Com
While using the Site, you will not:

• Post content or items in an inappropriate category or areas on the Site;
  
• Violate any laws, third party rights, or our policies such as the Prohibited and Restricted Items policies;
  
• Use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site;
  
• Fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  
• Fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity
  
• Manipulate the price of any item or interfere with other user's listings
  
• Post false, inaccurate, misleading, defamatory, or libelous content (including personal information)
  
• Take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to BuyKaiju.Com);
  
• Transfer your BuyKaiju.Com account (including feedback) and User ID to another party without our consent;
  
• Distribute or post spam, chain letters, or pyramid schemes;
  
• Distribute viruses or any other technologies that may harm BuyKaiju.Com, or the interests or property of BuyKaiju.Com users;
  
• Copy, modify, or distribute content from the Site and BuyKaiju.Com's copyrights and trademarks; or
  
• Harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing BuyKaiju.Com
BuyKaiju.Com and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us.

BuyKaiju.Com is not responsible if the listed items infringe upon the copyright, trademark or other rights of third parties. If you believe that your rights have been violated, please notify the person or party listing the item(s).

Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.

Fees and Services
Joining BuyKaiju.Com and bidding, listing items, opening your store and placing want ads is free.

Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.)

Liability
You will not hold BuyKaiju.Com responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.

We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference
Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to BuyKaiju.Com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permissio.

Additionally, you agree that you will not:

• Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  
• Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of BuyKaiju.Com and the appropriate third party, as applicable
  
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or
  
• Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.

Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the BuyKaiju.Com Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the BuyKaiju.Com Privacy Policy. If you object to your Information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices
Except as explicitly stated otherwise, legal notices shall be served on BuyKaiju.Com's national registered agent (in the case of BuyKaiju.Com) or to the email address you provide to BuyKaiju.Com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

You may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.